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(영문) 수원지방법원안산지원 2020.12.10 2020고단3772
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person may lend a means of access while receiving, demanding or promising any consideration.

On May 2020, the Defendant issued a proposal to the effect that “the Defendant would pay KRW 3 million if he/she lends the account and e-mail card.” On the same day, he/she promised to receive KRW 3 million on the condition that he/she lends the means of access connected to the account under the Defendant’s name, and then issued one e-mail card connected to the Defendant’s name Cbank account (D) to the above e-mailer using the Kakakao Ma to deliver it to the above e-mailer on the same day.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement C Bank reply data;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant recognized the crime and reflects the wrongness, the primary offender, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing conditions as stated in the records and arguments of this case shall be comprehensively taken into account.

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